Simple Assault

Simple Assault Lawyer In Chandler, AZ

In Chandler, Arizona, simple assault is a serious criminal offense with legal consequences. It is important to have a clear understanding of what constitutes simple assault, the potential penalties, available defenses, and other relevant information if you find yourself facing such charges.

If you have been charged with simple assault, it is important that you consult with a Criminal Defense attorney. When working with our law firm, you will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved. We offer free consultations to help you determine what your next steps need to be.

Potential Defenses for Simple Assault Charges In Chandler

If you are facing simple assault charges in Chandler, it is crucial to consult with an experienced criminal defense attorney. They can evaluate the specific circumstances of your case and determine the most appropriate defense strategy. Several common defenses against simple assault charges include:

  • Self-Defense: Self-defense is a commonly used defense in assault cases. If you can demonstrate that you acted in self-defense or defense of others, it can serve as a valid defense against a simple assault charge. This defense asserts that you reasonably believed you were in immediate danger of harm and that your actions were necessary to protect yourself or someone else from that harm. You must show that your response was proportionate to the perceived threat.

  • Lack of Intent: Intent is a crucial element in assault charges. If you can show that the alleged act was accidental or lacking intent, it may weaken the prosecution's case against you. For example, if the alleged assault occurred due to a slip or unintended physical contact, it can be argued that you did not have the intent to cause harm or provoke the victim.

  • Consent: Consent can be a viable defense against simple assault charges. If you can provide evidence that the alleged victim consented to the physical contact or conduct that led to the assault charge, it can undermine the prosecution's argument. However, it's important to note that consent must be freely given and obtained without coercion or manipulation.

  • False Accusations: False accusations or fabricated assault claims can be challenged as a defense. If you can provide evidence that the alleged victim made false accusations, it can cast doubt on the credibility of their claims. This can involve presenting witness testimony, video evidence, or other corroborating evidence that contradicts the alleged victim's account.

These defenses are common strategies used in simple assault cases, but their applicability will depend on the specific circumstances of your case. It is crucial to consult with an experienced criminal defense attorney who can evaluate the evidence, assess the strengths and weaknesses of the prosecution's case, and determine the most appropriate defense strategy tailored to your situation.

Remember, the availability and success of these defenses can vary, and it's important to seek legal advice from a qualified attorney who can provide guidance based on the unique circumstances of your case in Chandler, Arizona.

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Aggravating Factors for Simple Assault Charges In Chandler

In Chandler, several aggravating factors can come into play when assessing simple assault charges. These factors include prior convictions, assault against protected individuals, and the use of a deadly weapon or dangerous instrument. Each factor carries its own significance and can contribute to the severity of the charges and the potential penalties imposed by the court. Some aggravating factors are:

  1. Prior Convictions: If the defendant has previous assault convictions or a criminal record, it can result in enhanced penalties for a subsequent simple assault charge. Repeated offenses demonstrate a pattern of behavior and may lead to more severe consequences. The court may consider the defendant's history of assault or other violent offenses when determining the appropriate penalties.

  1. Assault against Protected Individuals: Assaulting certain protected individuals can result in more severe charges and penalties. Protected individuals include law enforcement officers, firefighters, healthcare providers, teachers, and public officials. These individuals are deemed to have a special status due to their roles in public service or the vulnerability of their positions. Assaulting them can lead to enhanced charges and penalties to deter attacks against those who serve and protect the community.

  1. Use of a Deadly Weapon or Dangerous Instrument: If a deadly weapon or dangerous instrument was used during the commission of the assault, it could lead to enhanced charges and penalties. A deadly weapon refers to any object or instrument capable of causing death or serious physical injury. Examples include firearms, knives, or other items that, when used as intended, pose a significant risk of harm. Similarly, a dangerous instrument refers to any item used in a manner likely to cause serious physical injury or death, even if it is not typically considered a weapon. The presence or use of such weapons or instruments during the assault can significantly increase the seriousness of the offense and result in more severe charges and penalties.

These aggravating factors are considered during the sentencing phase of a simple assault case in Chandler. The presence of any of these factors can lead to enhanced charges and result in increased jail time, higher fines, or additional consequences. It's crucial to consult with a criminal defense attorney who can assess the specific circumstances of your case, evaluate the presence of aggravating factors, and develop an appropriate defense strategy to mitigate their impact.

Remember, the application and weight given to aggravating factors can vary based on the specifics of the case and the discretion of the court. Seeking legal guidance from an experienced attorney will provide personalized advice tailored to your situation.

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Contact An Experienced Criminal Defense Attorney

At the Nava Law Firm, our team is dedicated to helping and representing you. You will have an experienced attorney who will provide aggressive representation so that you can have the best chance of getting your case resolved.

‍Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Tempe and other areas around Arizona. If you are in need of an experienced Criminal Defense attorney in Maricopa County, please contact us today to schedule your free case evaluation.

Our Case Results

Second Time DUI

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time. Result: Charge Reduced w/ No Jail.

Drug DUI

A man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge. Result: Case Dismissed.

Aggravated Assault

A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time. Result: Charge Reduced to a Misdemeanor.

Theft

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. Result: Not Guilty After Jury Trial

Resisting Arrest

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters. Result: Case Dismissed.

Domestic Violence

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal. Result: Case Dismissed After Diversion.

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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Many factors contribute to providing legal advice, including the specific facts of a situation. You should consult an attorney for advice regarding your individual situation. Armando Nava is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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